GREEN ALLIANCE: WILL THE WITHDRAWAL BILL WORK FOR THE ENVIRONMENT?

Though the triggering of Article 50 occurred just over 100 days ago, it has felt like the Great Repeal Bill has been coming for a lot longer. And this is the first big change we will have to make: the Great Repeal Bill is no more. As it passes through parliament it will now be known as the European Union (Withdrawal) Bill. A title not quite as eye-catching but a lot more practical, and possibly an early indication of the government’s new approach.

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Malene Bratlie
Client Earth: Downgrade in status of UK law of EU origin

The EU Withdrawal Bill is already well known for its extremely broad, general and vague powers for ministers to 'correct' any 'deficiencies' found in UK law of EU origin ('retained EU law'). New advice obtained by ClientEarth confirms the Bill will also downgrade the status of UK law of EU origin and make it uniquely vulnerable to executive changes in future. The Bill increases the potential application of powers in other legislation: this will enable ministers to make substantive modifications to retained EU law after we leave the EU without adequate scrutiny.

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Malene Bratlie
UKELA: BREXIT AND ENVIRONMENTAL LAW: THE UK AND INTERNATIONAL ENVIRONMENTAL LAW AFTER BREXIT

It is the Government’s intention that following Brexit the UK will remain bound by its existing international obligations. As this report from UKELA sets out, achieving this may not be straightforward and the statements made by Ministers have not resolved how this will be achieved.

The UK Environmental Law Association is neutral on Brexit and provide impartial, technical analysis of the impact it is likely to have on environmental law and governance. They are not members of the Alliance.

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Sam Coates
UKELA: BREXIT AND ENVIRONMENTAL LAW: BREXIT, HENRY VIII CLAUSES AND ENVIRONMENTAL LAW

The purpose of this report is to set out where UKELA foresee Henry VIII powers being used to amend the UK’s environmental laws after Brexit. As a matter of general principle UKELA believe that the use of these powers should be kept to the minimum necessary for the effective continuance of domestic legislation after Brexit. However, they also believe that any debate on these powers must be informed by an accurate view as to the extent to which they will actually be used. UKELA applied its technical expertise to analyse all the Acts of Parliament relevant to the environment in England, identifying any provisions which a Minister might consider ‘deficient’ after Brexit and therefore require amendment.

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Sam Coates
ClientEarth report: The Withdrawal Bill: Destination and Journey

On Thursday 13th of July 2017, a draft of The European Union (Withdrawal) Bill (Withdrawal Bill) was laid before the House of Commons. This Bill will perform and direct much of the work
needed to prepare the UK's statute book as it leaves the EU. This report sets out some of the
key issues faced, and raised, for the environment by the Bill and identifies some of the problems with the current approach.
 

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Sam Coates
Greener UK Brexit briefing

The Greener UK briefing on the governance gap is now available.

The purpose of the briefing is simply to demonstrate the existence of a gap post-Brexit, rather than to detail solutions

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Sam Coates
RSPB Brexit campaign action

This is an important time for your voice to be heard. Please contact your MP and remind them of their crucial role in defending our environmental laws, and ensuring they are not left vulnerable to future change.

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Sam Coates